People v. Spann

142 A.D.3d 720, 36 N.Y.S.3d 917
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 31, 2016
Docket2014-10971
StatusPublished

This text of 142 A.D.3d 720 (People v. Spann) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Spann, 142 A.D.3d 720, 36 N.Y.S.3d 917 (N.Y. Ct. App. 2016).

Opinion

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Lopresto, J.), imposed November 5, 2014, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the defendant’s contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 340-342 [2015]; People v Brown, 122 AD3d 133, 137-145 [2014]). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255-256 [2006]).

Eng, P.J., Rivera, Dickerson, Hinds-Radix and Maltese, JJ., concur.

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Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Brown
122 A.D.3d 133 (Appellate Division of the Supreme Court of New York, 2014)
The People v. Rasaun Sanders
34 N.E.3d 344 (New York Court of Appeals, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
142 A.D.3d 720, 36 N.Y.S.3d 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spann-nyappdiv-2016.